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04/14/1980 - 5666m .- U� � F��.�v c�Tir cc��c i � - �� PUI�LIC NEARIidG f1EETI�!G — APRIL 14, 1930 — 7;3J P,M: . %��i�O TO: DEPARTMENT HEADS FOLLO�VI NG ARE THE ��ACTIOP�S PaEEDED" . PLEASE tiAVE YOUR ANSWERS BACK IN TNE CITY MANAGER`S OrFICE BY THE �'�EDNESDAY.BEFORE THE NEXT REGULAR COUPJCIL MEETING� THANK YOU� � � Ce�� o, � 9�'o j FINANCE FII�ANCE PL1BL IC Iti'OiZKS FINAf�CE ADOPT I O?� OF AGE��dDA : � � ADO: Receiving Petition from Residents on East River Road and 61st Avenue Reyarding Painted Crosswalk and Consideration of Resolution ta FCC in Support of Cor�ments by �Jational Assoc. of Regulatory Utility Commission PU�LI C HEAr�I ��JGS : � � pUBLIC HEARING ON AN ON—SALE LIQUOR LICEf�SE AND A SUNDAY LIQUOR LICENSE T0 FRIDLEY RECRE�TION AND ' SERVICE C0� �r'�ILLIAM H� GOTTWALDT) FOR THE PROPERTY �OCATED AT 63I0 �� I GHWAY ��5 �� E� iDBA !'�APLE �AN ES )� �.. 1 Opened 7:40 P.M. Closed 7:55 P.M. RCTION NEEDED: Put on r�ext regular agenda for consideration of license PUBLIC HEARING ON AN ON—SALE LIQUOR LICENSE AND A SUNDAY LIQtlOR LICENSc TO G'�ILLIAM F, ��iEISS FOR THE PROPERTY LOCATED A; 6��90 CENTRAL AVENUE �� E, iDBA SANDEE' S, INC � ) , � � , , � , , , , � , , , � � , � � Opened 7:55 P.M. Closed 7:58 P.M. ACTION NEEDED: Put on next regular agenda for consideratio� of license . ti - PUBLIC fiEARING ON AN ON—SALE LIQUOR LICENSE AND A SUNDAY LI QUOR LI CENSE TO I'�I LLI AM A� ;� I CKLOW FOR THE PROPERTY LOCATED A1' C16I. H I GHWAY �5� ;V � E� iDBA SHORE— N100D INN INC ) 2 , ,,,,,,,,,,,,,,,,�,,,,., 3 Opened 7:58 P.P1. Clc�sed 8:00 P.M. Staff to contact il�em regarding additional parking ACTION NEEDED: Work with them on additional parking I�ClI0i�1 NEEpED: Put back on agenda for consideration of license after parking' requirement has been satisfacto�ily resolved. y PUBLIC WORKS FINANCE FINANCE FINANCE fINANCE UBL�EAR I NG, iPR I L l�, I�O PU�L.�G I�EARI��G (CONTINUED) NAGE L PUBLIC HEARIPdG ON AN ON—SAL� LIQUOR LICCNSE AND A SUNDAY LIQJOR LICENSE TO �iOWARD �OHNSON COMPANY FOR THE PROPERTY LOCATED AT 5Z�% CENTRAL AVENUE P��E� �TJBA GROUND ROUND)� �� 4 Opened 8:01 P.M. Closed 8:03 P.M. Staff to contact them regarding improvements in parking lot - ACTION NEEDEQ: Work with them regarding improvements in parking lot ACTION NEEDED: Put back on agenda after parking lot requirement has been satisfactorily resolved. . PUBLIC HEARING ON.AN ON-SALE LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO GEORGE D� NICKLOW FOZ THE i'ROPERTY LOCATED AT 3%ZO EAST RIVER ROAD �DBA GEORGE IS IN FR I DLEY) � � � � � � � � � � � . � � � � � � � � � � � � � � 5 Opened 8:25 P.M. Closed 8:27 P.M. � ACTION NEEDED: Put on next regular agenda for consideration of license PUBLIC HEARING ON AN ON—SALE LIQUOR. LICENSE AND A SUNDAY LIQUOR LICENSE TO RICHARD N� LUND FOR THE PROPERTY LOCATED AT �Zg� UNIVERSITY AVENUE n,�E� �DBA CHARLIES IN . FR IDLEY) � � � � � � , � � � � � � � � � � � � � � � � � � . Opened 8:27 P.M. Closed 8:29 P.M�. ACTION NEEDED: Put on next regular agenda fnr consideration of license . a PUBLIC HEARING ON AN ON—SALE.LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO FRIDLEY RICE BOWL, INC� �OLIVER TAM) . FOR THE PROPERTY LOCATED AT 1160 FIRESIDE DRIVE N�E� iDBA FIRESIDE RICE BOWL) � � � � � � � � � � � � � � � � � � Opened 8:29 P.P•1. Closed 8:30 P.M. ACTION NEEDED: Put on next regular agenda for consideration of license � 7 . 0 PUBL I C E�EAR I NG, APR I L 1�-4, I9�� PU�LIC HEA�I^�GS (CO;aTIPdI!ED)� PUBLIC EIEARING OPd AN ON—SALE LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO ROBERT �� O`ROURKE AND�OR�S CORPORA— T I ON FOR THE PROPERTY LOCATED AT 5��9 H I GHI�JAY 65 �� E� �DBA PULASKE � S) � � � � � � � � � � � � � . � � � � � � � $ - Opened 8:30 P.M. Closed 8:31 P.M. FINANCE ACTION NEEDED: Put on next regular agenda for consideration of license � OtD� BUSI"aESS: PAGE 3 CONSIDERATION OF REQUEST �OR V,!�RIANCES TO i�EDUCE I'�1NIMJM �EQ�JIREMENT FOR DRIVEWAY, �31� CENTRAL � . ,�VENUE, G�STAVSON BROT,-iEP,S �TABLED ��Z�'�i�) � � � � � , , 9 — 9 G . Variances approved with screening and landscaping plan PUBLIC WpRKS ACTION �JEEDED: Inform applicant of Counci7 approual �vith stipulations ZECEI�IING TI�E FINDINGS OF FACT FOR �ENIAL OF REQUEST FOR VARIANCES 0� Ti-iE FZIDLEY CITY CODE TO ��LLOW CONS7RUCTION OF A':iOUSE AT �I'c�iOO 3RD . � STREET ;'J � E� BY �ORDON IiEDLUND, I25� PI KE LAKE 1�R IVE, NEW �R I GHTON, i�i� �5112 , , , � � � � � � . � . . 1� — 10 F Also includes house at 4637 Main Street. � Council adopted Findings o�F Fact for Denial of the variances PUQLIC 4dORKS ACTION PaEEDEO: Inform applicant of Council of findings and denial of variances i � � PUBLIC WORKS PUBLIC WOR FINAfJCE FINAfdCE PUBLIC WORKS PUBL I C �iEAR I NG, ��PR I L 1�`-�, 1930 i�E�J �USI�dESS: PAGE 4 CONSIDERATION OF CHANCE Of2DE�. .i0� 3 FOR IiALWALL t�00F ON ��ORTH �AR K llU I LD I P�G � � � � � � � � � � � � � � . 11 Tabled to next regular meeting. Staff to check futher oh Kalwall ACTIOP! NEEDED: Investigate Kalwall roofs further and bring findings back at next regu7ar meeting. CONSIDERATION OF �EG�JEST FOR �RECTION OF �FFICE �IGy AT 7150 EAST RIVER ROAD BY ANOKa COUNTY IN A �P) P.UBLIC lONED AREA � � � � � � � � � � � � � . � � 12 — 12 � Tabled � � � ACTION NEEDED: Put back on future agenda for Council consideration CONS I DERA i I ON OF A i ESOLUT I ON AVJARD I NG T�iE �ALE OF �1,755,�� ENERAL �BLIGATIOf� SPE�IAL ,`�SSESS- MENT FUND �ONDS, FIXTNG THE FORM AND SPECIFICATIQN, DIRECTING 7HEIR �XECUTIOfV 4ND �ELIVERY AND PROVIDING F02 THE I R PAYP�IENT � � � � � � � � � � � , � � � . � � � � Resolution No. 30-1980 adopted. Bid awarded to Banc Northwest. ACTION NEEDED: Proceed as authorized �LAIP�1S� � � , .� � � � � � � � � � � � � � � � � � � � � ', Approved , ACTION NEEDED: Pay claims 13-13J 14 RECEIVI�dG PETITION FROM RESIDENTS ON EAST RIVER ROAD & 61ST AVEP�UE REGARDING PAINTED CROSSt�JALK. Petition Received RESOLUTION N0. 31-1980 IfJ SUPPORT OF COMP�IENTS BY THE NATIONAL ASSOCIATIOP� OF REGULATORY UTILITY COf�MISSION TO THE FCC ' Resolution adopted. - ACTIOf� NEEDED: Send resolution to FCC and Representatives. � ADJOUZ"� : 9; 37 P.r,�. FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NANiE ADDRESS AND ITEM NUMBER INTERESTED IN DATE: APRIL �.L�, 1�g'� NAME -------------------- ------ `\----------�, \ ADDRESS ITEM NUME=R _-_________� )LEY :NG T4 WNOM IT MAY CONCERN: � Notice is hereby given that the Counc�l of the City ofi Fridley will hold a public hearing at the Fridley City Fta11, 6431 University Avenue I�orth- east on April 14, 1980 at 7:30 p.m. on the question of issuing a regular On-Sale Liquor and a Sunday Liquor �icense to Fridley Recreation and Service Co. (William H. Gottwaldt� far the property located ai 6310 Highway �65 Northeast. (dba Maple Lanes) Anyone having an interest in the matter should make their interest known at this public hearing. MP►RVIN C. BRUNSELL CITY CLERK Publish: Apri1 2, 1980 � Apri1 9, 198Q . � I l _ , : � CITY OF FRIDLEY PUBLIC NEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Fridley City Hall, 6431 University Avenue North- east on April 14, 198Q at 7:30 p.m. on the question of issuing a regular On-Sa1e k.iquor and a Sunday Liquor license to Wiliia�m F. Weiss for the property located at 6490 Central Avenue Northeast. (dba Sandee's Inc.) Anyone having an interest in the mat�:er should make their interest�known at this public hearing. MARVIN C. BRUNSELL . CITY CLERK Publish: April 2, 1980 � April 9, 1980 i i 2. LEY NG TO WHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Fridley City Hall, 6431 University Avenue North- east on April 14, 1980 at 7:30 p.m. on the question of issuing a regular.On-Sale Liquor and a Sunday Liquor license to Irlil1iam A. Nicklow for the property located at 6161 Highway �65 North- east. (dba Shorewood Inn Inc.) Anyone having an interest in the matter should make their interest known at this public hearing. . MARVIN C. BRUNSELI. CITY CLERK Publish Apri1 2, 1980 Apri1 9, 1980 0 ; _ I 3 I c CITY OF FRIDLEY PUBLIC HEARING BEFORE THE • CITY COUNCIL TO WHOM IT MAY CONCERN: . � Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Fridley City Hall, 6431 University Avenue North- east on April 14, 1980 at 7:30 p.m. on the question of issuing a regular On-Sale Liquor � � and a Sunday Liquor license to Noward Johnson Comp- any for the property located at 5277 Central Avenue Northeast.(dba Ground Round) � Anyone having an interest in this matter should " . make their interest known at this public hearing. MARVIN C. BRUNSELL � CITY CLERK Pubiish: Apri1 2, 1980 April 9, 1980. ;. 4 I 5 CITY OF fRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL ' C. ' i'0 WNOM IT P4AY CONCERN: , Notice is hereby given that the Council of the � City of Fridley wi11 hold a public hearing at the Fridley City Hall, E�31 University Avenue North- east on April 14, 1980 at 7:30 p.m. on the . question of issuing a regular On-5ale Liquor � and a Sunday Liquor license to George D. Nicklow for the propety located at 3720 E. River Road. (dba George Is In Fridley) Anyone having an �nterest in this maiter should make their interest known at this public hearing. : MARVIfV C. SRUNSELL � � CITY CLERK ' Publish; April 2, 1980 . Apri1 9, 1980 � 0 �✓ � RIDLEY ARING THE CIL TO WHOM IT MAY CONGERN: � Notice is hereby given that the Council of the � City of Fridley wi11 hold a public hearing at the Fridley City Hall, 6431 University Avenue North- east on April 14, 1980 at 7:30 p.m. on ihe question of issuing a regu1ar On-Sale Liquor � and a Sunday Liquor license to Richard H. Lund for the property located at 8298 University Avenue Northeast.(dba Charlies in Fridley) . Anyone having an interest in this matter should make their interest known at this public hearing. . MARVIN C. BRUfVSEtL CITY CLERK � Publish: April 2, 1980 � Apri1 9, 1980 � . � � Q ', � � , c n CITY OF FRIDLEY PUBLIC HEARING BEFORE TNE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Fridley City Hall, 6431 University Avenue North- east on April 14, 1980 at 7:30 p.m. on the question of issuing a regular On-Sale Liquor and a�Sunday Liquor license to Fridley Rice �owl, Inc. (Oliver Tam) for the property located at 1160 Fireside Drive Northeast. (dba Fireside Rice Bowl) Anyone having an interest in this matter should make their interest known at this public hearing. � MARVIN C. BRUNS�LL CITY CLERK Publish: April 2, 1980 ' Apri1 9, i980 0 _ � 7 m c CITY OF FRIDLEY PUBLIC HEARING. BEFORE TNE CITY COIfNCI� TO 4JHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Eridley City Hall, 6431 University Avenue North- east on April 14, 1980 at 7:30 p.m. on the question of issuing a regular On-Sa1e Liquor and a�Sunday Liquor license tv Robert J. 0'Rourke � and Or's Corparation far the property located a�. 625g Nwy. 65 N.E. (dba Pulaske's) Anyone having an interest in this matter should make their interest known at this public hearing. F1P+RVIN C. BRUNSELL . CITY CLERK Publish: April 2, 1980 � . Apri1 9, 1980 / . �� i i V . � CITY OF FIZIDLEY APPEALS CO�•i'.ZISSION i�TyETING, l�.'ARCH 11 � 1980 CALL TO ORDER ' � Vice-Chairperson Gabel called the ��iarch 11, 1980 meeting of the Appeals Comrnission to order at 7 s 30 P.T�2. c .. ROLL CALL Members Present: I��Is. Gabel, l�ir. Barna, P2r. Kemper, ;�Ir. Plemel M embers Absents P�Zs. Schnabel O�h:��s Presents Clyde �::oravetz � City of Fridley Priary and Jim ��itchell, 812Q 14uth Circle Floyd and �aalter Gustavson, 7410 Central N.�. Perry Colst�om � 575o i�iadison St. N. r.. APPr�OVAL OF APPLALS COlvil�iISSION P�iINUT�S a FEBRUARY 12, 1980 I�i0TI0N by l;r. Barna, secanded by iti�r. Kemper to approve the the rebruary 12, 1980 Appeals Commission iviinutes. as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRP�RSON GABEL DECLARED THE i:;OTIQN PASSt�D UNaI�1I�::0USLY. 1. REQULST FOR VARI!�i1CL� PURSUANT TO CriAPT��R 20-i OF THL FRIDLEY It�innesota 55�32) [�t, THE 5,�:�:�� BLTrdG 'Z4� 0�1�T�AL AV�NUE „�,�equest by Gustavson Brothers 7410 Central Avenue N.E.� Fridley, P;OTION by r.2r. Barna, seconded by :vir. Kenper, to open the Public H e aring . � UPON A VOICE VOTE� ALL VOTING AY�,, VTCE-CHAIRPE�SON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:3� P.T�i. l�ls. Gabel read the staff reports r AD�4INISTRATIVE STAFF REPORT 7410 Central Av enuP N.E. A. PUCsLIC PURPOSE SERVED �Y REQUIRE��ENT: Section 2U5.134, �a, �rl, requires th� side yaru setback to be a minimum of 30 feet when a driv��•�a�r is provided in the side yard. Publ'ic purpose served by this requirernent is to p!�ovide adequate open space areas around industr•ial structures fo r aesthetic and fire fighting purposes. Seci:�ian ?_05.135, 14, �{4, requires off stre�t parking ta be a mir�imum of 5 feet from the main building. � .� Appeals Commission l��eetin� I�:�rch 11 , 1980 Pa�'e 2 � 9�, ,� i Pu bl i c pu rpos e s erved by th i s from unnecessary maintenance `B. STATED NARDSHIP: requirement is t� protect the building due to vehicles hitting the building. c (1) Request bui 1 di ng set back of 25 feet from 1 ot 1 ine i n two �1 oa �ng dock areas. Docks must be 10 feet wide for accessability. Loss of loading docks would preclude building of the proposed addition. (2) Request a decrease in w�docksf bUsedofg5cfoottcurbTwauldnresultren ad�acent to the ioading 15 foot drive width; the additional width makes the docks more readily accessible to truck use. C. AD�tINISTRATIVE STAFF REVIEW: (1) Ir. reviewing the possible alternatives with the petitioner, the petitioner decided that they were no t acceptable�adehnotWfeasiblej. (a) Pu t the docks on the rear of the building (.g (b) Reduce the width so as to tuck the docks parallel to th� addition and face the docks west off th� existing building (reduction in addition was not acceptable). (c) Eliminate the loading docks (both existing tenants need the loading docks). If the Qoard approves this item and item #2, it will leave room for an 18 foot wide drive ti�hich will leave room for two �iehicles to tneet. Therefore, we do not have any staff stipulations that we ��vould recommend. (2) If item #1 is approved, we would recammend that item �2 also be approved so as to provide an lII foot driveway. The requi.red 5 feet is necessary wi�ere cars are parked into the curb. In this instance, there will be no parking along this curb. The Petioneers were present. Trir. Gustavson stated that the proposed addition requires loading docks both North, and South, and to get the loading docks they are short five feet on the setback. He further stated that they are also requesting a reduction in the curbing from five to tv�ro feet. The Commission members and the petioneers then exarnined the plans that they have subrzitted. �:Zr. Gustavson explained that they have a grinding business► and that the south half of the building is an ice factory� and that they are running out of space and require more space. 1�2s. Gabel ques'tioned what building wers next to their business? l�lr. Gustavson stated that on one side was the trailer park� and on the other was Spiral i.ian�tfacturing, and Dick's Auto Paxts. lt1s. Gabel questioned how does the traffic flow there? l��r. Gus�avson stated that some large trucks go around, but that most enter and leave on the side that they are dealing with. Appea.ls Commission 1�Zeetin� C"arch 11, 1980 ` Pa�;e 3 9 B Mr. Gabel asked if they are dealing with big semi's? Pa7r. Gustavson stated that there are occasional semi's, but that is not the general rule� because they might only have ' one semi a week. ti IVIs. Gabel questioned what type of business they were going to have in the part of the building that would be rental? P�Tr. Gustavson stated that they have tenatively rented the space to another grinding shop� only they would do a different type of grinding.. This he stated would be a one, or two maxi shop. He further stated that the only other one they have discussed it with was proposing to salvaging engines from cars and installing them in other auto:�obiles.. i��ir. Gustavson stated that they would prefer to get another r�achine shop in the rental area. Py7s. Gabel stated that she would like a clarification on what the rental side would be used for in the case of engines. Mr. Gustavson explained that right now Dick's is towing the cars in but that he is not invalved tvith the crushing, and the junk yard business. He stated that it was his understanding that Dick's was looking for a place to operate his towing business. Ms. Gabel stated that wha,t she was looking at, was avoiding any storage of junk on this property also, because that has been a problem. in the past. l��r. Gustavson stated that this stipulation af not storing any junk or excess car parts would have to be written into a lease. �ir. KeMper questioned if these would be covered docks? M r. Gustavson stated that yes they would be covered docks. N:r. Gustavson further stated that he gave the City the under- standing, and it would be vrritten into the leases� that there would be provisions for inside storage of trash, with no out- side provisions for trash. r. i�s. Gabel questioned the plans for landscaping? i�ir. Gustavson stated that there is now Black Hills Spruce and they would be putting in cedar trees along the retaining wall. He further stated that �here are plar�s to put in a privacy fence. Mr. Barna questioned �,�r. itiioravetz � if there is adaquate parking facilities provided for.the square foot of the building? Pplr. ;�Ioravetz stated that yes there was. ��IOTION by i:Ir. Pler�el, seconded by :ir. Ke;�per� to close the Public H e aring . Ap,�ea.ls Co-znission '�(eet� �'�I�.rch 11, 19II0 -- P�.ge 4� � � UPON A VOIC� VOTE� ALL '10TING AYE� VICL-CHAIR'sJO�iAN GABEL� � DECLARiD TH�� PUIlLIC HEARIIIG CLOSED AT 8:00 P.iJi. l�IOTION by i�Zr. Kemper� seconded by ;:ir. Plemel � to reconmend to ,the City Council -that variance requests pursuant to Chapter 205 - of the Fridley City Code to reduce the mini;�um require.nent where a driveway is to be provided in the side yard, fron 30 feet to � 25 feet� on both the North and South lines of the property; and reduce the driveway pavement frorn the required five feet fro:n the :nain building to 2 feet, on both the North and South sides of the main building, located on Lot 1, Block 1� Central View M anor Second Addition� the sa�e being 7�10 Central Ave. N.E., Fridley, :a�?inn. (Request by Gustavson Brothers (Floyd A. and Walter L. ) 74�10 Central Ave. N. �. , Fridley, :.Zinnesota 5��32) � UPON A VOICE VOTE ALL VOTING AYE, VICy-CHAIR�dOi�TAN GABLL DyCLARED , THE I='IOTION PASS�D UNANI;:iO'JSLY. iJis. Gabel stated th�t this ite� would be on the April 7, 1980 City Council agenda. 2. VARI?�NC� RL'�UEST PURSUANT TO CHAPTER 20 � OF THE F�IDLEY CITY CODE, TO :�EDUCE THE .��A� YA�D D�P`1�H F�ZO:,� 1'HL RL�UIR�D 2 r�� 2 C'o OF TH� i��:.AR Y_a�1J �EPTH TO 18 •� "EET � TO �LLO'v�I A T�N FO ADDITIOi�1 TO AIV' Ei�ISTIidG D','J�I,LING LOCA'ILD ON LO1'3, B�,OCK � BOURDEAU�:' S��'�Iiir BR00;� 4DDITTON~iH': S?��iL 13�,ING �32�:�tUTH CIRCL� N. L. , r:�IDL :X, :�iII1NLSOrrA. Request by Ja:mes i�';itche , 8120 Ruth Circle N.�;_,_ Fridley �;iinnesota - �32. �� DIOTION by iyir. Kemper � seconded by 1`.ir. Barna, to open the Public Hearing. UPON A VQI�E VOT�, ALL VOTING AYE� VICE-CHAIRPERS�Pd GABEL DECLARED THE PU BLI C H�ARING 4PEN AT 8: 03 P. iY'i . i�s. Gabel asked the petitioneers, ikTr. & ��irs. Ja:mes l�ietchell, to step forward. Ptis. Gabel then read the staff reports ADt•1It�IS7RnTIVE STAFF REPORI' "" � 8120 Ruth Ci rcl e�J. E. A. PUBLIC PURPOSE SERVED BY REQUIREME(dT: Section 205.053, 4C, requires a rear yar•d depth of not less than 25 percent of the lot depth with not less than 25 feet permitted or more than 40 feet required. Public purpose served by this requirement is to provide rear yard space to be used for green areas �rhich ephance the neighborhood. B. STATED NARDSHIP: Need additional living area for expanding family and better privacy. C. ADMII�ISTRATIVE STAFF REVIEW: If the neighbors have no ob�iection to this variance being granted, the staff has no stipulations to reconynend to the Board if approved. � J i ,. , . � _. .�a . . f;. . ! 7�10 Central Avenue . � . , 9 D �;. �:~ -.�, � ° : �. � ustauson Brothers . _ _ b� �F' ' ` .. .r. _ . - . . • 1, �� • .. • . . � . • � N . . .. .._. � , . ' . . . . � - .. • �! �•` �` �... .. . . . . . . � � . � ��.. ., .. �.,, .. . � �i• . .� . . .• . �. . . . . r. . . . . �'• . .... . . .. ..� ... �-. .�� , . . . . . �� . �,.. N .. .�. 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' ^ . . , ,= •'. � +` . -t ~ . . y� n. . _ �.y �� r . , _ ,L� /� .i�;yLt 4:�.�..� , ..i'S .+4-. ,r,u aF:' � l � �'t�.. ' t.t" _ c a� •�Gi�r. / t>`^ 3?S).` J� ��;, y ., s. r.4r �' �t.. Ir^� 7r �y.� �w. i t F �� r~ .i Z:. n�s1 l!^�ec^ ��r a �'.it�i A�.. ?.. �. � y.� .wc. �+� ta •!� ,,r�� r -�k'S . ^�}.� L,. • � � `�•t' � � •�� 7 �' 7. ��- �.'. ._. .ea l �.Ni`. : .,��t�'...d�", e��' 't;s ,. ��. .St•'•T �R Y� .i� r '.i ♦ 4. , 7�• } • Var. i a�nce Req est A- • 7410 �entral Avent�e � � Gustavson B thers .. . .. '. ��x � . �� . ��, �, �. � ��` , ,' . � f, ` hf '` � \ a � � � -' ; ;. ; � � � �,-�-� � _`i � �r � L R—i .�` � . \ . o �. .�� . �. --_�-:.� � . - � � „ \` , \ � +► 0 � 5,-'�._.,. ' .., . ' , �, ` ;\ . . �. � � , .� . �� , z � , � � —j,-g- ' � � _ ° "i� � `�. Z ., �� €� ,\ -- _, , -- . , � �..6� �� . �n , g�, % z.7 r '�.3� �.�� ` - � � \ � . . � � \ i \�� \ \ �\ � \ ��` °� � `� ��..\ � �� i _ Si \ 251 )S� , �� lV � a R , t7 - �`. I � � �� ! � � a 7. n 0 --� L �- .. I � � . D"? � � �� . . , � �� . � � � � . . � � � . -� E � � � � � � 0 r -, � , `►—ti � � ,� ; : �. ' � . _ > _ ' ' 8 �a � i - r �_, � � � ; � I � . .... 1 �� + � � � ��1 L __ � � �, . '. i - .0 . : . , i� �. . � .. . y , � � � . . ► eY�sr r�r s . . �- __'.� � H ' . � � �ry� " �•-, �� ..� �.. � � . , s I , � . � � , \ • ' \�/ -�.� _'^ �l�,o�_.�� __ � • �,. � ��r�'1� �� • � A E � 1� i .. -4— � � . � 0 � � I � �9 F �� G . Sc � . , N,�� c� . I' .• , ' . f . ' . � - �� / . . / �---�-�- � •, . • � � � / , �, :af-� � � ., 4 . . .. . . '� � ' . . . . . t..' .�� . . , ' . ' � ♦�1 :{ `:1 • . / . • . . � ��: . �� f . � � . . '- I . . ' � . ' • - 'i • � � 1 . t� . � .. ........�....,..,._. ... ..,.... ,. . ..,� � • j . .. . .... . . . . . .., . . . . _. � . .,. � � . . . '�7 �4. 59tbacks ,_.. :,'' •.�. .,. ... .... • _,a. 2 aS. /3 �- � Genefal ' � 7he following setback restrict(ons aro the minimum requirements. Additio�at setback restrtctions are the discretion of the City based on existing neighborhood patterns and City wide pianntng_ subject to A. Front yard setback � • � 1) A front yard depth of not less than 35 (eet is required for all permltted buiidings and uses, exce t street parking which shail be setback at teast 20 feet. P otf- B. Side Yard Setback 7wo side yards are required, each with a w(dth of not less than 15 f M-2 �istrtct, except, eet in an M-1 Distrlct and 20 teet in an • 1) Where a driveway is to be provided in the side yard, the minimum requtred side ard increases to thir 0�:.: e.�:. �'� 2� Where a side yard abuts a street of a corner lot, the side yard requirement increases to a mi � ' of thirty-five (35} feet. ntmum 3j No side yard is required where a common wall is provided between two buitdings, which meei the t safety standards, ire -�• 6. Requirements Whero the Pro ert " p y is Adjacent to a Ditferent District � ln addition to those minimum space requirements provided by this cha�ter under other provisfons herein, the establishment of permitted building and uses in each M-1 and M-2 District, in the foilowing instances, shall lnclude the following minimum facilities around them, said requiremenis being for the purpose of avoiding Congestion in the public st�eets and tra(fic hazards and other dangers, and of protecting and conserving the character of any adjoining neighborhoods and that ot future neighborhoods In tha same vicinity. Whenever any such M-1 and h1-2 Distrlct Is adJacent to or adJolns on any other Distrtct, the toltowing • �equlraments afso shall be mei: � Pormitted bultdings and �ses, excopt automobl�e parking 2nd Ioading spaces� drivewa�s�essentlal servtces, walks and planting spaces, shall bo not closer to any stroet Ilne than 100 feet, or to any �Iloy Ilne than 40 teot or to t�ie �ounoary �me or any otner d►strlct than 35 (eot, ancl any R-1, R_2, R_2A, R-3, R-3A, pr R-4 Dlstrlct closer than�50 fect t _ , , � . • � � n .~ � � � , � � c GUSTAVSON GRIND1t�U 7410 OLD CENTRAL AVE. N. E. 'JIINNEAPOLIS, MINNESOTA 55437 April 9, 1�0 N's. Jerry Boardman City Off�.ces � 6�31 liniversity Ave. N.E. Fridley, Minnesota 55Z�32 Dear Mr. Boardman: In accordance with our telephone conversation of this morning, this letter confirms rnzr plans to install a privac�T fence alon� the north boundary of ov.r property, thus screening the existing trailer parY, our plans for the acldition requested do include the planting of trees on each s�.de of the driveways, and the replacement of the present gravel boaders(t•*h� ch tend to be overp�rown taith weeds) with grass. The intended planting would be � trees along each of the north and srn�th boarders ot�tside of the drivewa�s, plantings to extend from the front of the build�.ng to the right-of waf limet. The above projects shazild be f-nished this eomccng summer, upon completion • of rn?r proposed building addition. S1 cerely, �� '`� 1�� r �r',� �G��' �� ``�`�' 1rlalter E. Gustavs on, Partaer Gustavson Grinding 9G STATE OF COUNTY OF L--------- In the MatterI of the Application of Gordon Hedlun�l for Certain Variances FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER Thel�ollowing Findings of Fact, Conclusions of Law, and Order are made by the Fridle� City Council pursuant to an application by Gordon Hedlund for certain varia�ces, which are more particularly described below: A h�aring was held on the request for variances on February 9, 1980 at 9:30 A.M. �t the Fridley City Ha11. This hearing was held pursuant to a Stipulation o� the parties as contained in Anoka County Distr:ict Court File No. 42853 andl,in conformity with provisions of Minnesota Statutes and Ordinances of the City of Fridley. Gordion Hedlund was represented by David J. Hauser, Attorney at Law. City of Fridl�y was represented by Virgil C. Herrick of TALLE, HERRICK, MITNNS � & GOODRICH. ' OF FACT: 1. That the City of Fridley is a home rule city governed by a City Charter. The City was established in 1957. 2. That Gordon Hedlund is a resident of the City of New Brighton. 3. That Gordon HedZund applied to the City for the following variances: Lot Fifteen (15), Block Z`wo (2), Plymouth Addition A request for variances of the Fridley City Code as follows: 10 p t Section 205.053, 1B, to reduce the lot area required for a lot recorded before December 29, 1955 from 7500 square feet to 5218 square feet, and Section 205.054, 4B, 5a, to reduce the required side yard width on a street side of a corner lot from 17.5 feet to 12 feet, and Section 205.053, 2B, to reduce the minimum 1ot width from SO feet to 40 feet, and , . �. Section 205.Q54, 4, to reduce the minimum s�uare footage on the upper two floors of a split entry design house from 768 square feet to 320 square feet on the lower level, and Section 205.053, 4B, to reduce the side yard adjoining living area from the x'equired 10 feet to 8 feet, all to allow the construction of a house and attached garage to be located on Lot Fifteen (15), Block �ao (2), Plymouth Addition, the same being 48Q0 3rd Street Northeast, Fridley, Minnesota. Lot Thirty (30), Block Twelve (12), Plymouth Addition A request for variances of the Fridley City Code as follows: Section 205.053, 1B, to reduce the lot area required for a lot recorded before December 29, 1955 from 7500 square feet to 5064 square feet, and Section 205.054, 4B, 5a, to reduce the required side yard width on a street side of a corner lot from 17.5 feet to 11.25 feet, and Section 205.053, 2B, to reduce the minimum lot width from 50 feet to 39.25 feet, and Section 205.054, 4, to reduce the minimum square footage on the upper two floors of a split entry design house from 768 square feet to 320 square feet on the lower lever, and Section 205.053, 4B, to reduce the side yard adjoining living area from the required 10 feet to 8 feet, -2- u , 10 A t all to allow the construction of a house and attached garage to be located on Lot Thirty (30), Block Twelve (12), Plymouth Addition, the same being 4687 Main Street Northeast, Fridley, Minnesota. 4. Notice of this hearing was mailed to a11 property owners within Two Hundred (200) feet of the subject properties on January 30, 1980. 5. The City has adopted a City Code which includes Chapter 205, entitled, "Zoning". Section 205.053 "Lot Requirements and Setbacks" contains certain minimum lot ', sizes required for development as single family I residential lots. This section provides, in part, as � follows: i�205.053. LOT REQUIREMENTS AND SETBACKS Yards, lot sizes, and open spaces shall be as required in this section for one-family dwellings hereafter erected in the R-1 District. 1. Lot Area A lo� area of not less than 9,000 square feet is required for one dwelling unit, except; A. Where a lot is without City Sanitary Sewer, the minimum required lot area is 18,000 square feet. , B. Where a lot is one on a subdivision or plat recorded before December 29, 1955, the ' minimvm required lot area is 7,500 square ' feet. 2. Lot jJidth The width of a lot shall n�t be less than 75 feet at the required setback, except; -3- �o � � � A. Where a parcel of land is at least 60 feet in width, and comprises one or more full sized lots, or parts thereof, in a subdivision or plat recorded before December 29, 1955, and it is no longer practical to require a greater width, the minimum required lot width shall be 60 feet. B. Where a parcel of land is less than 60 feet in width, but not less than 50 feet in width, and comprises one or more full sized lots or parts thereof, on a subdivision or plat recorded before December 29, 1955, and the minimum width of a lot as originally made is less than 60 feet, and it is no longer practical to require a greater width, the minimum required width can be lowered to allow a.building on this parcel with the side yard requirements reduced to five (5) feet minimum on each side subject to the following conditions: ' 1) The distance between any attached garages or other accessory buildings is ' at least 10 feet. � 2) The distance between any building ' and the living area in an adjacent ', building is at least 15 feet. ', 3) The distance between the living ' areas in any two adjacent buildings is at least 20 feet. 6. The above requirements have been in effect in the City of Fridley since 1955; the City's development plans including, utility capacities and the amount of park lands, have been based on densities deteYmined by said lot requirements. 7. That the Plymouth Addition was platted in 1884. Almost all of the lots contained in said plat are 40 foot lots. The remaining lots vary from the 40 foot lots by only a small amount. -4- 10 C c � 8. That the residential development in the area surrounding the subject property was developed primarily in the early mid 1950's. This development was in conformity with the above minimum lot standards. The building sites in said area are primarily 80 feet in width, with a few lots being 60 feet. 9. That Gordon Hedlund purchased the subject lots on November 19, 1977 at a tax forfeiture auc�ion conducted by the Anoka County Auditor's Office. He paid Eight flundred ($800.00) Dollars for Lot Fifteen (15), Block Two (2), Plymouth Addition and Seven Hundred {$700,00) Dollars for Lot Thirty (30), Block Twelve (12), Plymouth Addition. ',10. That prior to conducting the auction, the City of Fridley , advised Anoka County officials that they approved the sale I of said lots but they were to be sold as "non-buildable sites". ',11.. That prior to the auction, Anoka County Commissioner Michael 0'Bann.on appraised the subject lots as required by Minnesota Statutes. His appraisals were Seven Hundred Seventy Five ($775.00) DolZars for Lot Fifteen (15), Block Two (2) and Five Hundred {$50Q.00) Dollars for Lot ', Thirty (30), Block Twelve (12). Both appraisals are clearly marked, "not buildable site". Commissioner 0'Bannon testified that i£ said lots were buildable, that they would have a value of Nine Thousand ($9,000.00) Aollars. -5- 0 10 D t 12. That the County Auditor published a Notice of Auction Sale. This notice specifically advised the buyer to "check with municipality for local building ordinances and variances". Hedlund admitted that he knew that these lots did not meet the City's minimum standards at the time he purchased them. I 13. That the subject properties could be.used by adjoining owners to enlarge their existing sites, for accessory buildings, or for recreational used, or these lots could � � be used for garden purposes. Each of said permissible ' uses have a value of at least as much as Hedlund paid 0 for the properties. 14. That the market value of the subject properties, if said lots were buildable, is Nine Thousand ($9,000.00) Dollars to Twelve Thousand ($12,000.00) Dollars per lot. 15. That if Hedlund is permitted to build on said subject property, said construction will have a detrimental effect on the market value of adjacent properties. 16. That a number of the neighboring residents have expressed their opposition to the requested variances. � AS CONCLUSIONS OF LAW, TAE COBRT FINDS: 1. That the City has the sole authority to regulate the size of residential lots. 2. A landowneY is not entitled to a variance as a matter of -6- ' 10 E c l0 F � right but must show unnecessary hardship based on some unique character of the property. 3. The property owner has failed to show that the property has no economic use without said variance. 4. That the property owner was aware of the zoning restrictions � when he purchased the property; any damage suffered'is il ii self-inflicted. Therefore, he is estopped from objecting to said restrictions. ��, 5. That the zoning restrictions have been i'n effect for approximately �I twenty-five (25) years. The surrounding proFerties were developed , in reliance of said regulations. The time to abject to the ', validity of said ordinance has passed. ORDE�t: That requested variances, as described above, are hereby denied. Datedl at Fridley, Minnesota, this day of , 1980. , BY THE FRIDLEY CITY COUNCIL: / I� . . � CRDER FOR KALWALL ROOF CI�"ATERIAL WILL BE IN 11 . „ T . � �.� � r• • • , • �� ,,. ' � i �`! .. • � ' , ; • i 12 � '' ` r • . . � . ; , ._.. - . . ,.,. . � , ` �.� . . I� � � _. . . .. . . . .. _. . . . . . _. _ : . � . .�. ..:.:_. .. - - t � ' '•' i � ,- ' •.' ` �. �a 1, +.ti. - , . . .:' . �, . . :'. �-- � . _._ . . ; �. .t . � ..' . ��V�.r�W�� OvylyYllJU�1U C�JT� . • '�. � i�, y -_� `.. . � . ._ . .._ ._.. _ _ e . .. ,. , .'.._ . _.. . .. ... . : _ . _.` -�-- : ._:...__. . -!` . -� .. ; . .....::! --, �. _._. l-1N'o�A Cov,�r� C. �,'T:A. Ct-v�n . _ . _.. ._._= -....___... . _ ; �_...._.....!'__. ... '� ... . , ......�_..__..t�.�.. , _...._ �' � • ; f I Ar,►ox�s covNTK . ) • �. . �... _ .._. �... . . ._. .�__ _. (! 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A � F Nl C '�--�t .� � � "��;�'r { i t' i'� � 2� 7� t`.; r •tis• .�.I � ..�.i.I ` �� . �� S��ti•:►j. �,�X ` ;� �_ 4 � � 1� r, ��-an-��,,,,I�., � � i S`h t ,•, � r ..} '.d'�-�—%��a'•'✓ K� ...: .. �4.:�� t:-. -!ri ` e.i '`� � t. �1«� t ,qr .�.�' ,�� +�•�1•�..�.��.`.1 � �, �ir �i� :� � � � � -.,s'-' i� • . ..• '•.• ,,...,,.. � ' � , �� '` � '' _ �� `„� ...+....f , -} �. � .� , -�su_}a ___ . T '_ �..._. - -- _ _ . ... .� .tiNO.� � _~, �- �L OTOM � • � �/-i IfORTNE4M + '��• '.I - � f+� �T��1 i. � `� ~� i� . ..+ ;-- ---�r-.-•-.r....-..�'t� • - — V i�� +E � � . ...� ��, • , . N� �� i F �• -• � RCV. �:�? AUD. i SU9. /.•' NO. 77 �.' `,�� `� - - -- .�'�_ —r�-� - --- � Rp`Yg:; x �•'_'�iea3 k •� �.�i , I �� . �CN1 ;?i�F�� :, � b ;: e-'Y • � i. � � ,;, . � I � . o -� � ,. � . j � �:�, .� `, _''� 1ry ' . 0 l• b` 4� gg1 C�� i .+nnM f� �i�:�n �� • jc�;::; ��: �� ;' . . ... . .,. : � ... .. � . . . . ..V... f: . .'R. '� � :�� , , . , ' l2A ' \ � .--�._ • ; . , . � , ! � ,r ; , ,., � ; t� .; .5. t�i.::k,l n�:•: fro;� �;L•rcet 7 ��r :r_.c o,e � d ' 12 B --_._.� ._�nt •--- _t:_iori.^.s t1oL cl r �hzn livc hundxc . '(5f)U �' �I �t , c.c, ..c� �1�� .i�Lcr:.c�c:Ll��n of. an� :,trcet:. ur hiyl�way:� W}17.CF1 S.n�� •:;cc;L• I.aui: ltivcr 1:r�ad :;uuLh oL InLcr.:;LaLc If6SlQ, Trunk Ili.�3l�way � � �147, '1'runl: II1��I141it� �;GS or InL-c.r:;l•atie ltighr��zy 1IG'.f4, �uch clistance • bei.n� m�•a::ur.cd l:ro:� the inCersccL•ion of: strec:� ar. highway • , CGllt: •7C'�.).11C. ;; 6. T'r.or..rni.t:�t:o tl�;c� Pc.nnittcd in RC.��'idcr�L•i.al. Ar.cas: tlot closer . i3tan�lf�.vc hundrecl (5U0) fcc:L to any residential di.strict or any � pazr. ar playground. � � ` 7. Sic n IStruc.ture S ecifi.cations: T}ie sl•ructure shall be all metal. The etal s��all be eiL•her painted or treated to prevent deterioration. LacY. of proper maintenance shall. be cause for revocation of the si.gn Ipermit. Maximu.^� of three (3) vertical support structures. . 8. 2oni and I.ocaL-ion: Billboarcis shall be restricted to C-2S, M-1 • and t-2 zoned parcc:ls of property adjoining the riyhts of way of Inte state ilighway ;t694, Last Niver Road south of Interstate Hxgh�►ay #pG94, Trunk Highway �97 and Trunk Highway #�GS. . �� 9. Pocve� Lines: As controlled by State and utility zegulations. . 10. Dist nce fro:� Ftailroad Crossin:�s: 350 £eet when there are lights and ate, 500 feet without lignts and qate. � 11. Bill ard li htin wi11. be effectively shielded so as to not inpa r vision of any operator of a motor vehicle. 214.048 P Sign requi when the d 214. 049 S PD Districts ents in P and PD areas �zould be control].ed by . the City Council lopment is planned. . � ' Center/rlultiple Use Buildinc A. Within dne hundred eighty days (180) of the adoption of this chapter ._. all ownc�rs of shopping centers and multiple use buildings of thr�e or more,businesses must su}�mit a compreliensive sign plan for their . center c�r bu�lding ta the City Council for a�proval. B. A13. fut�.re permits within the shopping center and multiple use buildin areas shall coniorm to the.condii:ions of the sign plan and may�be subject to conditions other than L-hose in the distxict xegulati�ons in order to promote a unifonn combination of si.gn. , 214.05 Genc�ral FequirESnents . � � A. Permit, ' l. 2: . . , ' 0 i3efare a sa.gn may be displayed a.n the City of I'ridley, the owner or �essee oi the prcmises on which the sign is located shall iile . app�;ica�ion with tlic City Zoning 1ldministrator for pexmissa.on to dxs�?lay sucil �ign. Pcrmits are required ior all existi�lg, new, xelc}cated, modified or redesigned �igns excepL t}iose specifically ex�'p� under Section 214.05, A4. x`he !issuvice of a Pcrnii.i: may also Ue subjcct to additional conc�itions i�n ordcr to pro,aote a morc reasonable coml�ination O� 5�l.qns and to pxomote CO11fOZ-ltllt.}� ��il}i tlie character and uses • of �ldjoi»ing pro�Lrty. The coiiditions t.ill be subject Lo the di�s rcLion of tl�� Ld11111CJ rldn�itiisi:rat.or. Otijcction� to the conc�i.tion�' c�i be appealed to tlie City Cotulcil by t1�e .ipplicant. . � �14-� . . � � ,. �...�:�..�y�. .:� . �� ' MEMORANDUM 13 ;,�-•-�'-� C 1 TY O F ' FRID LEY �� • MINNESOT�► DATE APRIL 10, 1980 FROM h1ARVIN C. BRUNSELL _ SUBJECT SALE OF $1,755,000 SPECIAL ASSESSP1ENT BONDS TO ACT INFO CITY MANAGER AND CITY COU��CIL The bids will be opened at 8:00 p.m. Monday, April 14, for the sale of the $1,755,000 in Special Assessment bonds. This assumes that the legislature will lift the interest ceiling on municipai bonds prior to that date. Ehlers and Associates will tabulate the bids and will report back to the City Council later on in the meeting as to the results. The attached resolution will award the bid to the low bidder. MCB:c i � . . FINANCIAL SPEC 13 A 3T NATIONAL-E100 LINE CONCOURSE 507 MAf1OUETTE AVE. MINNEAPDLIS, MINNESOTA 55402 338•82�31 IAfiEA C � . . I • . � .. April 2, 1980 � . , . . , . . . Mr. Marvin C. arunsell , � Assistant City Manager/Finance Director . �. City Ha11 � � 6431 University Avenue N.E. , Fridley, Minnesota 55432 . � Re: $1,755,000 Special Assessment Fund Bonds �� •, City of Fridley, Minnesota . . _ . Dear Mr. Brunsell: � . Enclosed is a copy of the proposed resolution 4vhich will (hopefully) award the sale of the above bonds and provide for the details of their execution, delivery and payment at your April 14 meeting. . Please revie��r these minutes carefully ard, if yo� have any changes.in them or questions concerning them, contact Mr. Ehlers or me prior to . the date of the sale. Thank you far your assistance. .. . Yery truly yours, EHLERS AND ASSOCIATES, INC. ��JL/ Donna Serdar . � cc: htr. Virgil C. Herrick City Attorney G279 University Avenue N.E. Fridley, Plinnesota 55432 OS Enclosures . 0 m •! �•,'�tiC'_ . . � •'��A. v.:, i,, �.; :,; �r�;� i�'' :�;��,.1y,; P.. •.; • 1 'r �• . � LYTR�c�r or• r�zN��r�s or• rlrrTxrac oF� �'FIE , COUtICIL OF TiIE CITY OF FRIbLLY , 1,P10Y.P. COU1`JT� , P4INiJLSOTI� � Pursuant to due call and notice thereof, a(s�acial) g , . . . (regular� r:eeting of the Council of the City of Fridley, !9innesota, cras duly held at the Council Room. in the City Fiall in said City on Monday, the 1�'th day of Anril, 1980, at 8:00 0' clock p.m. The follo��ing members were present: �• � 0 and the falloiaing were absent�: * * �x � �r � * � * � 13 S �- � The AZayor announced that the meetiriq was conven�d for the consa.deration of bids for the purch�se of $1,755,000 General Obligation Special Assessment I'und Bonds as advertised for sale. The City PSanager presented affidavits showing publication of nota.ce of sa1.e raore than ten days in advance of s ale in the of fi ci al ne��sgaper and in • Commercial ��lest, a financial paper published in Minneapolis, Minnesota, which aff.idavits �aere exami.ned and found satisfactory anc� ordered placed on file. � The City Manager presented the bids cahich had been delivered to him prior to the time specifiec� in the il0'�1C-@ of. sale, and said � bids �aere examined and found to be as io7.lows: - .�.� ____ � _ _ M_. • . � l3 C , , . . � � ;� S(�i-`^PULr �r P7^S , , . . �� .F IPT�'�R�'�n' RfiTR i ' '�'Q�'AL I �1�1i'Rpr�' � PRF?t�zL'�t NPJ'; S C.. � qp I3IL'�ERS XFFP.S �ZA'.!'�' k x:'�s^F.•?'�';�'.r t�mx; DiSC4iJrtT � . 4 . , .. , , . . . � . , � . I f . .. , .� . . .� � � . � � 4 i .�. . ; ; .�. , � � . - . -, � � . � � . . � . .� . � . . i • . I ,: . � , � �� . � ��. � i . I _ � � �~ - � i � � - � .� ; � �; ; ' � ; ; ► . ., i� . � ; � � . '. ; , I - i. � � . .. : • . . : 0 . � � � � , . � . . , .. i • • 1 � � I� ' ' . . . , ; 13 D ; After due consideration of said bids., �.ntroduced the fol��wing resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING `!'tiE SALE OF $1,755, 000 GE�lEt2�1L OBLIGIITION SPECIAL ASSESSI`1ENT FUND BONDS � FIXING THE FORr1 11i�D SPECIFICATI0.1, DIRECTING THEIR EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYI�EtIT. BE IT RESOLVED By the City Council of the City of Fr_idley, � • rlinnesota, as follows: � � ].. The bid of to purchase $1,755,000 General Obligation Special Assessment Fund . Bonds of the City described in the notice of sale thereo£ is . hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, said bid being to purchase bonds bearing interest ' as follows: 0 0 at a�rice of $ • The sum of $ � , being the amount bid in excess of $1,720,600, shall be credit�ed to the }�oiid sinking fund. The City Treasurer is directed to retain the gaod faiti� check of the successfu�. bidder pending completion of the sal� and delivery of the bonds, and the City Manager is directed to return the checks of the unsuccessful bidders forth�aith. The� bfayor and City rlanac�er are di.rected to execu�.e on be2ialf of the City the purchase agreement submitted by the purchasers. � 2. The C�ty shall forthwith issue its negotiable coupon General Obligation Special 1lssessment Fund Bands of 1980 in the . princi.pa�. amount of $1,755, 000, dated I•?ay 1, 19a0, being 351 in � ' number ancl numbered 1 to 351, botl� inclusive, in the denomination of $5,000 each, all bear.ing int-�rest payable February �, 1981, and scmiantivally thereafter on 11uc�us�.l and February 1 in each year, ancl ni-�turiiig scrially on FGbruary 1 in thc: years and amounts as , 0 � , ; l3 E iollows: $155,000 in the year 1982; $150,000 in each of the years ;19a3 through 1990, bot}i inclusive; $100,000 in the ye�r 1991; $50,000 in each o£ the years 1992 and 1993; and $25,000 in each of `t:he years 1994 to 2001, both inclusive. All bonds maturing in the years 1992 through 2001 are suUject to redemption on February 1, 1991 and any interest payment date thereafter at par plus accrued a.n�erest. . . • . . 3. The bonds shall be'payable at '. as designated by the purchaser and the reasonable charge of said bank for services as paying agent shall be �aid by the City. 4. It is hereby determined that the sum of $1,720,500 is the amount necessary to finance local.improvements as se� forth in the City Manager`s Statement for Issuance of S�ecial Assessment Fund IIonds.dated Narch 3, 1980, and as approved in a Council resolution adopted l�iarch 3, 1980, and additional bonds �.n the amount of $34,400 represents the higtier rate of interest authorized by r1SA Section 475.56 and does not exceed two percent (20) of the amount authoxized b� the IIome Rule Chartez of the -City. . 5. The bonds and interest coupons shall be substanti.ally the �'orm attached hereof and e�esignated as Exhibit A. to be thereto attached hereto and made a part �6. The City Clerk shall obtain a copy of the proposed ' approving legal opinion of i�essrs. LeFevere; Lefler, Pearson, O'Brien & Drataz, which shall be com�lete except as to dati;�g thezeof, and• shall cause said opinion to be printed on each bond, together with a certificate to be signed by his facsim�Ie signature, in substantial.ly the foJ.lowing form: - . I hereby certify that the foreyoing is a full, true and correct copy of the legal opinion executed by th� above named attorneys, elcept as to ihe dating thereof, �ahich opinion has bezn handed to me for filing in my of�ice prior to the time af bond delivexy. . � (facsimile signature) � City Clerk 9'l�c Clerk sl�all oU.tain a copy of til� opinion at the time of bond delivery and execute a separate certificatc as to such opinion u��on receipt of suctl opinion and shall file the opa.nion in his afficc. 0 ?3 F 7. The bond's sha11 be pre�ared under �he direction of the City Manager and sliall bc cxecutecl on behalf of the City by the facsiraile signature o� the Mayor and the manual signature of the Ci.ty t9anayer and a facsimile of the City Seal of the�City sha�.l be affixed to each thereof, and the i.nterest coupons shall be executed and authenticated by the printed facsimile signatures of.the Mayor and City Manager. The said bonds, when so executed, shall be delivered by the City Treasurer�to the purchaser thereof upon recei�t of the purchase price, and the said purc haser shall not be obligated to see to the proper application thereof. , 8. The bonds issuec? hereuncler shall be payable from the Special Assessment Funds, as established by Section 7.12(d) of the City Charter and pursuant to all the provisions of said section provided that if any payment of principal or interest shall becotne due when there is not sufficient money in said fcund to pay the sa►�e, the treasurer shall �ay such principal or interest fron the general fund af the City and such fund shall be reimbursed for an.y advances out of proceeds of.assessments or special taxes when collected. 9: It is hereby determined that the estimated collections of s�ecial assessments which will b� available for the payment of said bonds will produce at least five percent in excess of the amounts needed to meet when due the principal and interest �ayments on the bonds and no ad valorem ta�As are required at this time. 10. The City Clerk shall deliver to the county auditor of Anoka County a certified copy of this resolution and obi.ain his certificate in accordance with Section 475.63, i�Iinnesota Statutes. • 11. It i.s hereby determined that the improvements which are financed by the issuance of bonds hereunder will benef it the entire city and the city hereby covenants ��ith the holders from time to time of said bonds as follaws: . (a) The City will cause the assessments for all � improvements to be promptly levied so that the-first installment will become collectibl.e not later than 1981 and wa_11 take all steps necessary to�assure prompt collection. (b) The City will keep complete and accurate � boaks and records showing all receipts and disbursements , in connection �aith said im��rovements, the assess�7ents levied therefor and otlier iunds appropriated for their payment, and all collections thereof and disbursements tliez efrom, maneys on .}iand aiid balance of u�ipaid ��sessments. � ' 13 G � (c) The City will cause its saici. books F1I1C1 records � to be �uc'ited at le�st annually by Gualified public accountants V and wi11 furnish copies of such audit r.eports to any interested � k� , person upon reauest. , " � ' 1?_. The clerk and treasurer of the City are hereby authorized and dir.ected to prenare and f_urnish to the purchaser_ of the boncls and to the attorneys a�provinq the same, certified copies of. all pro- ceedinrs and records of the City relating to sa'id bonds and to �.he financial cond.ition and affairs of the Special AssessMent Fund and such certificates, aff�.dav? ts and transcripts. as may be recxuired to show the .faets within their kno•�rledcre or as shoc�n by th'e books and. recor�s in their custody or under their control rela�iinq to the val�dity • and marketability of bonds and such instruments, including any hereto- . fore f.urnished, shall be deemed represen tations oL the CitJ as to the facts stated herein. . . 13. The r�ayor and City t�anager are hereby authorized and direc�ed to certify that they have examined. the off�cial statement or �rospectus prepared and circulated in connection ��ith the issuance and sale of. the bonds and that to the best of their Yna��le�qe and belief said statement is a complete and accurate representation of the facts and regr.esentations made therein as of the date of saic� ofticial � statement or. prospectus. � . The motien for the adoption of the 'foreqoing r_esolution was duly second.ed by , anc� upon vote being tal�en thereor� � the f.o17.o�aing voted in favor therea�: - � � anci the follok�ing voted a�ainst the same: whereupon saic� resolution vaas declared duly passecl and adopted. • ' Rpproved: .� . rtayor . . n�r•r�sT : . ` Ci�y Cl.e.rk .., - 13 !-! EXt1IIIIT 11 $5,000 �' UNITED S`!'11TF.a OF 11MERICI� , -. STI�TE UF t•ITiVNE:SOT�; �'t COUVTY OI? ANOKA CITY OF FRIDLL•'Y ' GENER�IL OBLIG�TIOD? SP�CIAL ASSESSP�tENT FUND BOND OF 1980 KNOW ALL P�EN BY THES� FRESE?.TS, That the City of Fridley, Anoka, County, DZinnesota, ackno��ledqes itself: to be indebted, and, for value received hereby promises to oay to bearer, out of_ i.ts Special Assessment Fund, on the lst day of February, 19 , the sum of . FIVE THOUSAND DOLLARS and to pay interest thereon from the c?ate hereof until the principal sum is paid at the rate of per annum, interest payable February 1, 1981, and semiannually thereafter on th e ls t day of August and the lst day of February in each year 3.n accordance with and upon presentation and surrender of the attached interest�coupons as they severally become due. Both principal and interest on this bond are payable at the � . in any coin or currency of the Unite� States of_ A.merica which on the date of payment is leaal tender �or t�ublic anc? pri:vate debts and to provide r.:oney for the prompt and full paym�nt o� said pzincipal and interest as the same become due, the full faith, credit and taxing� powers of the City have been and are hereby irrevocably pledged. All bonds maturing after February l, 1991 are su}�ject to redemption on said date and any interest payment date thereafter at par plus accrued in teres t. • This bond is one oi an issue of bonds in the total principal amount of $1,755,00�, all of. like date and tenor exc�pt as to serial numbers, interest rate, maturity and rede�r.ption Urovision, all issued by the City far the purpose of providing money to deiray the expenses incurrec? or to be incurred in making local im;�ravements and in antici- pa�ion of the collection of special assessments, as authorize� by Section 7. 12 (d) of the Fiome Rule Charter of the City and is payable primarily irom special assessments leviecl or to be levied against specizl._ly benefzted pr.operty, but the full fai.th and credit of the Ci ty is pledged for their payment. . iT IS HEREi3Y CEFTII"IED ?1ND P.ECITED, That all acts, Conc?itions, and thinc?s required by thc Constitution and Laws of the State of Alinncyota and the City Chart�er i�o be done, ta hap�en anct to be per- formed prececlent to and in the is�uance of 'this bond have been done, have }1�1��CIlCC� and }iave been performed in regular and due iorm, ti�ne � . . .•. � � 13 I anc? m��nner as reguirecl by law; ancl that the full faith and credit of the City is pledged for the pa_yment of the pr.incipal of. and interest on the bonds of this issue c•�hen the moneys �n hand in the appropriate �und are insufficient for the purpose anc� taxes sha.11. be� levied upon . all taxable property, if needed to take care o£ any deficiency, which taxes may be levied. taithout limitation as to rate or amount, and that the issuance af � this bond did not cause the inclebtedness of the City to exceed any constitutional, statutory or ch�r,ter_ limitation thereon. � IPd TESTIF�ONY �VHEREOF, the City of Fridley; l�noka County, ?•linnesota, by its City Council, has caused this bond to be executed in its behalf by the facsimile signature of the Azayor and the manual " signature of the City Manager and sealed taith a f_acsimil� ot the City Seal and the interest coupons hereto attached to be exe�uted and authenticated by the facsimile siqnatures of said oiticers, all as of May 1, 19 S0. � . � • - .. . Ci ty Man ager • • . (Facsimile} . . (SEAL) . 0 0 0 (racsimile) Mayor ❑ � �-�.•. 13 J (Form of Coupon) tao. �. $ � On the lst day of (i'ebruary) (1lugust) , 19 , the �City of Fridley, Ano}:a County, Minnesota, will pay to be�rer at � the amount sho��n hereoz�, for interest then due on its General Oblic;ation Special Assessment Fund Bond of 1980, d.ated May 1, 1980. . � (Facsimile) - D:ayor (Facsimi le ) City rlanager STATE OF 24IP1N�SOTA) ) COUNTY OF ANO�:A . ) SS . � GITY OF FFIDLEY ) � I�. the undersianed, being the duly qualified and acting�City Manager of the City of Fric?ley, Minnesota, do hereby certify that I� have carefully comparecl. the atiached and � foregoing extract of minutes. of a m�et?.nc? of the City Council of said City held on A�ril 14, 19�0, cvith the oric�inal thereof on file in my oifice, and the same is a full, _ true and complete transcript therefrom insofar as the same relates to the issuance and sale of $1,755,000 General Obligation Special Assess- ment Fund bonds of 1980 of the �City. �, t�IITNESS My hand officially as such Pianager and the seal of the City this c�ay of_ , 7-9a�- ^ Ci i:y D�an�c�er City of F�:S.da.ey, N.inne�ota (srnr..) . . i F�PROLCI�R�ENC�9�OTHE CITY COUNCIL - CLAIf"S 1 0 CLAI�� P�U�':pERS lOJP.2�r -- 1J0755 � 14